Ryan

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

PAUL RYAN, et al., Case No. 22-cv-03391-VC

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

THE GOOD FAT CO. LTD.,

Re: Dkt. No. 42 Defendant.

The motion to dismiss is granted in part and denied in part. This order assumes the reader is familiar with the case. The plaintiffs believe that two aspects of the labels on Good Fat’s bars violate the federal Food, Drug, and Cosmetic Act and its implementing regulations: the name “Love Good Fats” and the absence of a disclosure statement about the bars’ fat content. The plaintiffs argue that “Love Good Fats” is a nutrient content claim, that “good” is a synonym for “healthy” under the relevant regulations, and that the bars do not meet the requirements to be called “healthy” on the label. But a nutrient content claim is a statement that “expressly or implicitly characterizes the level of a nutrient.” 21 C.F.R. § 101.13(b) (emphasis added). “Love Good Fats” suggests something about the quality of fats in the bars, not the level of fat present. It is not an express claim like “low fat” or “X grams of fat.” §…